Ⅳ. Assessment on Justiciability A. Claim against Act of Acquiring Communications Data Article 68, Section (1) of the Constitutional Court Act provides that “any person whose fundamental rights are infringed due to exercise or non-exercise of the governmental power” may file a constitutional complaint. Here, “governmental power” refers to the sovereign operation of all State agencies and public organizations that exercise legislative, executive, and judicial powers, and their exercise or non-exercise creates direct legal effects on rights and duties of the citizens and puts a complainant’s legal status in an unfavorable position (see Constitutional Court 2010Hun-Ma439, August 23, 2012; Constitutional Court 2016Hun-Ma483, Aug 30, 2018). Upon examination, the Court finds that the request for provision of communications data from the investigative agency et al. pursuant to the Act Provision falls under a non-compulsory criminal investigation and that the Act of Acquiring Communications Data was enabled as the telecommunications business operators, which are not a public authority but a private entity, voluntarily supplied the data in response to Respondent’s request for provision of communications data of Complainants listed in Appendix 3 and Appendix 4. The Telecommunications Business Act stipulates that a telecommunications business operator may comply with a request for provision of communications data from the investigative agency et al., granting telecommunications business operators the authority to legally furnish users’ communications data in response to requests from the investigative agency et al., and leaving whether to furnish the communications data at the discretion of telecommunications business operators while not specifying the duty for telecommunications business operators to cooperate. Additionally, there is no legal provision at all on compulsory measures in the case a telecommunications business operator does not respond to the request for the provision. There is no hierarchy - 36 -